Loading...
HomeMy WebLinkAbout02-23-1982 City Council Minutes ----- CITY OF LAKE ELSINORE REGULAR CITY COUNCIL MEETING TUESDAY, FEBRUARY 23, 1982 CITY COUNCIL CHAMBERS 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA 123 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CALL TO ORDER The regular meeting of the City Council was called to order at 7:32 P.M. by Mayor Jerry H. Stewart. PLEDGE OF ALLEGIANCE l' The Pledge of Allegiance was led by Councilman Unsworth. ROLL CALL PRESENT: COUNCILMEMBERS: TORN, MAC MURRAY, UNSWORTH, STEWART ABSENT: COUNCILMEMBERS: NONE CD 01 C\I W (]J <t At this time Mayor Stewart announced a new staff member, Deborah Harrington. Deborah has been appointed as the City of Lake Elsinore's new City Clerk. Debbie has been employed by the City of San Marcos as a Deputy City Clerk since February, 1979. The audience and Council welcomed Ms. Harrington aboard. Mayor Stewart also announced Sheila Randall, student, member of F.F.H., wi~ner of Miss Frontier Rodeo Days, Hemet Farmer's Daughters Contest and 1981 Frontier Rodeo Queen Contest. Mayor Stewart presented Miss Randall a certificate of appreciation from the City of Lake Elsinore. Miss Randall thanked the Valley for their support. Also introduced was Terry Cisco, a Junior High School Student. Terry is auditing the City Council meeting, at Councilman Torn's request, for his civics class. ~..... CONSENT CALENDAR i MOVED BY TORN, SECONDED BY UNSWORTH, AND DULY CARRIED, THE FOLLOWING ITEMS WERE ~ APPROVED. 4-0. f ~~ 111 , L 2. Set for Public Hearing on March 23, 1982: a. Zone Change 81-5, Pacific Planning Group - N/W of Intersection of Highway 74 and Interstate 1-15. 3. Pedestrian Bridge on limited Street. 5. FY 81/82 Article 8 Claim (S.B. 325, 1971) for Local Streets and Roads: Resolution 82-11. 6. Request for Signing Agreement - 29170 Riverside Drive. 8. Grant Deed of Dedication of Leach Canyon Channel. ITEMS REMOVED FROM CONSENT CALENDAR 1. Councilman Unsworth requested clarification on denial of Item 38, Public Hearing on the meeting held February 9, 1982. Minutes approved as presented by motion Councilman Unsworth, seconded Councilman ~acMurray. Approved 4-0. 4. Request for Business License: Secondhand Furniture Store - Janet and Mack Culp, 16876 Lakeshore Drive. By motion Councilman Unsworth, seconded by Councilman MacMurray, request for business license approved subject to four conditions. (#4 Stipulate that all merchandise offered for sale be housed unless being transported). 7. Specifying Division of Property Tax: Resolution 82-12. Correction of Staff's report on background to read: November 30, 1981, not 1982, and questioning of correct date on proposed resolution item 3 of tax purposes beginning July 1,1980. Staff stated the tax purposes would commence on July 1, 1980. With correction on staff report, motion Councilman Unsworth, seconded Councilman MacMurray and duly carried. Approved 4-0. ~' r l Page Two City Council Minutes 124February 23, 1982 ITEMS REMOVED FROM CONSENT CALENDAR - (continued) 9. Extension of Time - Tract 15020 - Shafer's Parking Lot Sales. Approved as presented with added condition #5 to read IIApplicant to pay all future Public Safety Feesll, motion Councilman Unsworth, seconded by Council- man Torn and duly carried. Approved 4-0. 10. Claims for Damage to Private Property - purportedly due to road hazards on City Streets. Councilman Unsworth would request appropriate decision of approval/denial on the flow sheets given to the public be more explicit. It would appear the request is approved, as written on the flow sheets. But actually, the decision is to deny, thus approving staff's recommendation. With that, motion Council- man Unsworth, seconded Councilman Torn to deny request and refer to City Attorney. Denied 4-0. At this time Mr. E.J. Carter questioned Consent Calendar Item #5. Discussion was held and questions were answered. ....J . ... l Mayor Stewart announced that due to the attendance of public for Item #59 - Tentative Tract Map 17413 and Zone Change 81-4 - Canyon Lake Hills - A.B.C. Heritage, this item would be heard at this time. 59. Mr. Flora, Superintendent of Elsinore School District gave report on figures needed to relieve overcrowding of the Elsinore Schools. Engineer, Wesley Highland, representing A.B.C. Heritage, commented on the receipt of doucment from the schools on proposed alleviation of overcrowding and finds the amounts to be in excess. Great discussion was held between the School and Heritage representatives. It was this Council's suggestion that the developer and school representatives adjourn to another room and hopefully come to a final agreement. --... , At 8:42 P.M. the Chair called a recess.- At 9:00 P.M. the Redevelopment Agency/City Council was called to order. At 9:08 P.M. the City Council reconvened. ....J '-- PUBLIC HEARINGS 32. Tentative Tract Map 18211 - Kulberg Construction LTD; S/E of Intersection of Lakeshore Drive and Terra Cotta Road. Mayor Stewart opened the public hearing at 9:11 P.M. Present to speak in favor were Fred Crowe, representing Kulberg Construction and Dick Murphy. Hearing no one else, the hearing was closed at 9:16 P.M. Discussion was held regarding drainage along Shirley Street to existing dwellings. Fred Crowe gave explanation of proposed drainage. ~otion Councilman Torn, second Councilman Unsworth to ap?rove Tentative Tract Map 18211 subject to the following 30 conditions: Approved 4-0. 1. Lakeshore Drive a. Dedicate to provide for 50 foot half street right-of-way. b. Install curb and gutter 38 feet from street centerline. c. Construct standard roadway between new curb and street centerline. 2. Terra Cotta Road a. Dedicate for 30 foot half street right-of-way. b. Install curb and gutter 20 feet from street centerline. c. Construct standard roadway between new curb and street centerline. ~ 3. Interior Streets a. Dedicate for 30 foot half street right-of-way. b. Install curb and gutter 20 feet from street centerline. c. Construct standard roadway between new curbs. d. All cul-de-sacs shall be designed in accordance with the appropriate standards and dedications shall be made according~y. ~ Il CD OJ C\J W CD <( Page Three City Council Minutes February 23, 1982 125 PUBLIC HEARINGS -(Continued) 32. Tentative Tract Map 18211 - (Continued) 4. Construct standard sidewalk on all streets. 5. Install ornamental street lights. 6. Form Landscaping and Lighting District. 7. Dedicate water rights to City of Lake Elsinore. 8. Obtain "will serve" letter from water district which will provide service to subject property. 9. Obtain necessary clearance from the Regional Water Quality Control Board for waste discharge. 10. Provide adequate drainage facilities as well as storm run-off acceptance letter where required. 11. Install water system to provide service to each parcel. 12. Provide fire protection as required by Fire Marshall. 13. Form street maintenance district. 14. Street structural sections shall be designed. a. T1 = 7 for Lakeshore Drive and Terra Cotta Road b. T1 = 5 for all interior streets. 15. All improvements shall be designed by owner's civil engineer to the specifications of the City of Lake Elsinore. 16. Submit soil engineering test as may be required by the County Health Department. 17. Trailers or mobile homes utilized during the construction phase of this project shall be approved by the Planning Director. . 18. Applicant shall submit a map identifying Phase 1 and Phase 2 separating the lots to be recorded and those not to be recorded as part of the present City property and that all the improvements will be bonded for, whether in the City or County. Zoning for the property to be annexed shall be R-1. Applicant shall enter into an agreement with the Elementary and High School District to off-set overcrowding. Applicant shall provide transit facilities near the intersection of "E" Street and Lakeshore Drive to be approved by the Design Review Board. Applicant shall bond for drip or sprinkler irrigation system. If the major improvements for this tract are bonded for this ixem shall be included. App1ic~nt shall meet all requirements of Ordinance 572. Applicant shall record CC & R's for the tract prohibiting on-street storage of boats, motorhomes, trailers and trucks over one ton capacity. Install standard block wall adjacent to Lakeshore Drive with planter spacing to be approved by the Design Review Board. A finding of conformity to the existing General Plan and all future elements to be adopted. A finding of no signigicant impact. Issuance of a negative declaration. Tentative approval until residential moratorium is explred. Applicant to pay all future Public Safety Fees. 19. 20. ".--.- 21. k 22. I... 23. 24. 25. 26. 27. 28. 29. 30. ,L... I L BUSINESS ITEMS 51. a. Nonconforming Use Ordinance - Ordinance No. 633 Motion Council Torn, second Councilman Unsworth to read by title only. Deputy so read. Motion Councilman Torn, second Councilman Unsworth to approve Ordinance No. 633 by the following roll call vote: Councilman Torn AYE Councilman Unsworth AYE Councilman MacMurray AYE Mayor Stewart AYE Second reading approved, 4-0. b. Revision to Parking Ordinance: Ordinance No. 634 Motion Councilman Torn, Second Councilman Unsworth to read Deputy so read. Motion Councilman Torn, second Councilman Ordinance No. 634 by the following roll call vote: Councilman Torn AYE Councilman Unsworth AYE Councilman MacMurray AYE Mayor Stewart AYE by titl e only. Unsworth to approve Second reading approved, 4-0. G f" ..........' L Page Four City Council Minutes 12ftebruary 23, 1982 BUSINESS ITEMS - Continued). 51. c. Grading Ordinance establishing criteria for excavation, grading, earthwork construction, fills and embankments: Ordinance No. 636. Motion Councilman Torn, second Councilman Unsworth to read by title only. Deputy so read. City Attorney stated ordinance is in substantial form as approved in first reading. Fees would be adopted by resolution at a later date. Motion Councilman Torn, second Councilman MacMurray to approve Ordinance No. 636 by the following roll call vote: Councilman Torn AYE Councilman Unsworth AYE Councilman MacMurray AYE -r- Mayor Stewart AYE Second reading approved 4-0. 52. One-Time Grant Funding for Senior Center Office Equipment: Resolution No.82-13 Motion Councilman Torn, second Councilman MacMurray to adopt Resolution 82-13 approving City requests for one-time funding (Title IIIB) for Office on Aging. Additionally to authorize City Manager to sign application for the City. 53. Contract between Riverside County and Lake Elsinore for re-surfacing Corydon Street. Motion Councilman Torn to draft Resolution to the County of Riverside expressing interest for funding of bike lane, second Councilman Unsworth. 4-0. Motion Councilman Torn to execute the contract with the County on bike lane, second Councilman Unsworth. 4-0. Motion Councilman Torn to execute the contract with the County of Riverside for paving of Corydon Road, second Councilman Unsworth and duly approved. 4-0. Agreements for improvements along frontage of Corydon Road to be enacted by the City from the property owners. Concensus. Condominium Conversion: Resolution No. 82-14. Motion Councilman Torn, second Councilman Unsworth to approve Resolution No. 82-14. Approved 4-0. 54. 55. -- ""'-- Outflow Channel Project. Engineer Kicak explained public input meeting held to gain insight as to the desire of the public for outflow channel. Concensus of property owners was that the City should consider acquiring the property along the channel to maintain the existing facility. In addition to reasonable width of roadway along channel for maintenance purposes. Owner's also desired the City to take over the maintenance responsibility, once the right-of-way is acquired. City Engineer recommended three-tasks: 1) The City Engineer's Office be authorized to prepare the legal description for the flood way as it can be identified by the mapping that has been completed and a twenty foot maintenance access road. 2) The City Manager's Office be authorized to hire an appraiser to determine the fair market value of the property within this flood way. 3) The City Manager's office be authorized to send written purchase offers to the property owners for the full amount the City determines would be just compensation. It is the desire of this Council to obtain bids for the appraisals and this item to be re-agendized to the next regular Council meeting. Concensus. 56. Authorize call for bids - Construction of Water Well and Test Pumping Existing Well. Motion Councilman Unsworth, second Councilman MacMurray to authorize adver- tising for bids for the construction of water well and test pumping of an - existing well on Machado Street. Discussion was held to possible wells avai1abl around the valley and authorization to discuss with E.V.M.W.D. to wheel ~ whatever existing water that may be available to the City through E.V.M.W.D. pipeline. Water would be pumped into loop1ine (LV.M.W.D.) payment would occur, water would be taken to City Yard location and monies would be paid to E.V.M.W.D. for use of pipeline. Motion Councilman Torn, second Councilman Unsworth to authorize contractwith E.V.M.W.D. for use of pipeline and test pumping of possible wells. Costs for authorized contract and test pumping not to exceed $2,000.00 without first obtaining additional City Council approval. Approved 4-0. "c- l' OJ OJ C\I W CD <x: "s;;:: \... Page Five City Council Minutes February 23, 1982 127 BUSINESS ITEMS - Continued. 57. Farmers Home Administration Loan (FmHA): Water System Improvements. Motion Councilman Torn, second Councilman Unsworth to approve contract agree- ment for Engineering Service between City and Kicak & Associates, and undertake the necessary tasks to submit formal FmHA Loan Application by 3/1/82. Budget not to exceed $6,500.00. Approved 4-0. 58. Quail Drive Master Plan. Staff gave presentation of proposed condominium Tract Map to include 14 units off of Joy Street. Future Master Plan Street for Quail Drive was dis- cussed and presented by slides. Readjustment of proposed tract was also discussed, due to proposed extension of Quail Drive. Several proposals re- garding alternative street plan were discussed. Possible Zone Change from Commercial to Residential was also discussed. Questions were asked regarging existing development within the proposed street plan. Traffic flow of re- sidential and commercial, buffer zone between and noise were factors to be considered. Three alternatives were discussed regarding conformance to pro- posed street plan when development occured, use of Lot #9 and/or Lot $14 (Kavanagh & Hatch); proposed alternatives to be prepared with cost figures by staff for alternatives. Motion Councilman Torn, second Councilman Unsworth to approve Tentative Tract Map 18239 and Conditional Use Permit 81-20 subject to fifteen conditions on CUP and twenty three conditions on Tentative Map 18239, approved 4-0. CONDITIONS OF APPROVAL (15) FOR CONDITIONAL USE PERMIT 1. Applicant shall construct the proposed condominium project in accord with the requirements of the Design Review Board. 2. A-1 exterior lights necessary for the subject building and property be placed and fixed so as not to shine out onto any adjacent structure in the subdivision or any surrounding development in any manner so as to provide a nuisance or hazard to road traffic or affect the living en- vironment of the area. 3. CC & R's shall contain the following language, "In the event the association or other legally responsible person(s) fail to maintain said common area in such a manner as to cause same to constitute a public nuisance, said City may, upon proper notice and hearing, institute summary abatement procedures and impose a lien for the costs of such abatement upon said common area, individual units or whole thereof as provided by 1aw." 4. The homeowner's association shall be established prior to the sale of the last dwelling units. 5. Membership in the homeowner's association shall be mandatory for each buyer and each successive buyer. 6. Applicant shall submit to the Planning Department a copy of the final condominium documents, including those portions of the CC & R's that apply to the conveyance of units, the assignment of parking and the management of common areas within the project before approval of the final map. The Planning Department and City Attorney shall approve and record said CC & R's. 7. That all roof-maintained or ground-supported st~uctures and equipment incidental to the development be architecturally screened so that they are not visible from the neighboring property or the public street, with such screening subject to approval of the Design Review Board. Except for strictly interior modifications to individual units, no sub- stantial structural alterations, except for incidental maintenance, shall be made to any of the existing residential or common areas, unless plot plans and elevations are submitted to the Planning Department and a finding of substantial conformance is made. Parking shall be covered and uncovered as indicated on the approved plot plan and all signs shall conform to the City's Sign Ordinance. Applicant shall comply with all noise level regulations of the City. Applicant shall comply with all applicable ordinances of the City. Applicant shall enclose the project with a six (6) foot high b10ckwa11 of a type selected by the Planning Director. Payoff or split any outstanding sewer bonds. CC & R's shall include a provision specifically disallowing exterior television antennas. The CC & R's shall include a provision prohibiting outside uncovered and enclosed, storage boats, trailers, recreational vehicles and trucks more than one ton rate of load capacity. r r........................ t L Page Six City Council Minutes 12ffebruary 23, 1982 BUSINESS ITEMS - Continued. 58. Quail Drive Master Plan - (Continued) CONDITION OF APPROVAL (23) FOR TENTATIVE TRACT MAP 18239 1. Dedicate to provide for 321 half street. 2. Install curb and gutter 20' from street centerline. 3. Construct standard roadway between new curb and street centerline. 4. Construct standard sidewalk. 5. Install ornamental street lights. 6. Install sanitary sewer to serve property. 7. Dedicate water rights to the City. 8. All improvements to be designed by owner's civil engineer to the speci- fication of the City. 9. Provide adequate drainage facilities. 10. Comply with all requirements of the Riverside County Fire Department. 11. Comply with Uniform Fire Code 13.301. 12. Pay all applicable fees at building permit stage. 13. Provide a letter of water availability. 14. Meet all requirements of Ordinance No. 572. 15. Finding of no significant impact upon the environment. 16. Issuance of a negative decl aration. 17. Trailers or mobile homes utilized during the construction phase of this project shall be approved by the Planning Director. 18. A finding of conformity to the existing General Plan and all future General Plan Elements to be adopted. 19. Provide for lighting and landscaping assessment district for property. 20. Applicant shall enter into an agreement with the Elsinore Union School District and Elsinore Union High School District. 21. Provide no more than 20 units per acre by changing 4 units of Type C and D to 2 units of Type B. 22. Tentative/tentative approval until residential moratorium has expired. 23. Applicant shall pay all future Public Safety Fees. At 10:37 P.M. the Chair called for a recess. At 10:42 P.M. City Council reconvened and adjourned to the joint Redevelopment Agency/City Council by motion Councilman Unsworth, second Councilman Torn and duly carried. The joint meeting adjourned at 11:10 P.M. to the regular City Council meeting, Item 59. 59. Tentative Tract Map 17413 and Zone Change 81-4 - Canyon lake Hills - A.B.C. Heritage (continued from earlier tonight). T ...,j "- Mr. John Brown, legal representative for the Elsinore School District and Wesley Highland, representative for A.B.C. Heritage reported that negotia- tions have reached a closer point, however, not resolved. Discussion was held to appointing a neutral person to resolve the problem. legal Counsel Brown stated, for public record as requested from the Elsinore School District and the Elsinore High School District, that IIthey respectfully request that the City Council deny Tentative Tract Map 17413. Since this City Council's adoption of interim Ordinance No. 632, the School District's Board and staff have worked in negotiating acceptable agreements with A.B.C. Heritage, the developer of Tract.17413, to mitigate the adverse effects that this project will have on lake Elsinore's Schools. The draft agreements regarding the developer's assistance with necessary educational facilities for our students have been prepared and distributed to the developer, as indicated and discussed, the Developer and School District approval of these agreements may be... a matter of only a day or two away. It was hoped to conclude the negotiations, prior to the expiration of the City's moratorium (3/9/82). _ Should the City choose, in the absence of the agreement, to approve TTM 17413, it would make it difficult, impossible; for the School District to achieve ~ acceptable agreements with A.B.C. Heritage. This is reasoning for the - School District's and governing boards wishes to repeat in substance, their findings of 1981-82-06, resolution no. 1981/82-05 and resolution no. 1981/82~06, approval of this tract map this evening without appropriate mitigations, will create additional impaction and severely increase our . school problems. It is the School's desire to reach an acceptable agreement with A.B.C. Heritage, efforts have been made in the extreme. Should approval be granted without sufficient legal mitigation, it is the-School Board's con- clusion that adverse environment impacts, which have been ignored as part of this project, have been neither mitigated nor avoided will be permitted. "... t CD en C\J w en <( "--' .... J- '-- "'"" Page Seven City Council Minutes February, 23, 1982 129 BUSINESS ITEMS - continued. 59. Tentative Tract Map 17413 and Zone Change 81-4 - Canyon Lake Hills - A.B.C. Heritage - continued. Nor have specific economic and social or other considerations, which makes such mitigation feasible, been identified. This project is not in conformance to the Subdivision Map Act, California Environmental Quality Act or the California Governmental Code requirements with respect to development agree- ments. Concluding: if this map is approved, the School Districts will not have the financial resources to provide the necessary educational facilities for it I s students. II Mr. Wesley Highland spoke regarding agreement with School District, understanding to either provide or build school facilities necessary and/or provide monies necessary. Questions and answers were exchanged between all parties concerned. Applicant, A.B.C. Heritage, has requested an adjourned special meeting to be held Friday, February 26, 1982 on agreeded time of 4:30 P.M. to present solution(s) of School and City requirements. Council and School Board so noted and accepted set date and time. Adjourned to February 26, 1982 at 4:30 P.M. approved by concensus. It was so expressed by this Council, decision would be made at that date. PUBLIC COMMENTS Everett Manfredi, President of the Lake Elsinore Valley Board of Realtors commented on his concern, due to statement of Realtors within the Valley giving information not necessarily true. Mayor stated he would talk to Mr. Manfredi after the meeting regarding his statement. REPORTS AND RECOMMENDATIONS Director Blackford commented on the contract of an electrician. City Manager Rede commented on Auditing Firms. Council so expressed the approval given to City Manager Rede regarding the hiring of Firms. Also forthcoming will be the selected firm to conduct auditing for the City, for approval. Director Morrissey commented on study session to be held February 24, 1982 regarding Canyon Lake Hills. Council so noted. City Attorney is requested to be present at the adjourned special meeting, February 26, 1982, 4:30 P.M. City Attorney so noted. With no further business appearing, this regular Council meeting is adjourned to February 26, 1982 at 4:30 P.M., by motion Councilman Torn second Councilman MacMurray and duly carried, 4-0. Respectfully submitted, Angela M. Basch Deputy City Cler~ Approved, Manuel A. Rede City Cl erk